Female college student went out privately to contract the new crown and was charged with a crime, lawyer: follow-up events will affect sentencing

  Lin Ping, senior reporter of The Paper

  In response to the case of a girl from Zhengzhou University who went out without permission to contract the new crown and was filed by the public security, lawyers reminded that in the special period of epidemic prevention and control, there are many cases of "big mistakes" caused by such "small problems", ranging from detention, fines, and serious may be sentenced.

  Recently, a girl from the Conservatory of Music of Zhengzhou University went out privately and went out with her boyfriend during the school's closed management period. The case of being infected with the new crown has attracted public attention.

  The Paper noted that on May 6, Zhengzhou University issued an "Emergency Announcement on Cooperating with Epidemic Prevention and Control Measures".

The announcement stated that on May 5, a student from the South Campus of Zhengzhou University had an abnormal nucleic acid test result when he visited the fever clinic.

  Wang Moumou mentioned in the announcement is a 2021 student of the School of Music on the South Campus of Zhengzhou University. At 4:00 pm on May 1, 2022, he and his boyfriend from the same school went out from the gate on the west side of Jinshui River on the South Campus of Zhengzhou University.

At about 3:00 a.m. on May 5, the student developed a fever, and the temperature was normal after waking up at about 7:00 a.m. in the morning.

At about 13:00 noon, because the air conditioner was turned on in the dormitory, he felt feverish, and went to the fever clinic of the Fifth Affiliated Hospital of Zhengda University for treatment. At 17:30, the nucleic acid of the new coronavirus was tested positive.

The man has not yet been diagnosed.

  During May Day, Zhengzhou University is no longer allowed to go out without permission.

The girl's nucleic acid test result on May 3 was an impostor for her roommate.

After investigation, it was found that other infected persons (infected person No. 29) announced by the confirmed girl on May 4 had overlapping schedules.

  In addition, according to the "Circular on Violation of Epidemic Prevention and Control Regulations and Legal Handling" issued by the New Coronary Pneumonia Epidemic Prevention and Control Headquarters of Zhengzhou Erqi District, the behavior of the case Wang Moumou and other 4 people violated the "Criminal Law of the People's Republic of China". Article 330 is suspected of obstructing the prevention and treatment of infectious diseases.

At present, they have been respectively filed for investigation by the 27th Sub-bureau of Zhengzhou Public Security Bureau.

  According to the provisions of Article 330 of my country's "Criminal Law", who violates the provisions of the Law on the Prevention and Control of Infectious Diseases and refuses to implement the prevention and control measures proposed by health and epidemic prevention agencies in accordance with the Law on the Prevention and Control of Infectious Diseases, causing the spread of Class A infectious diseases or the spread of them Those who are in serious danger shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the consequences are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, constituting the crime of obstructing the prevention and treatment of infectious diseases.

  "It can be seen from this regulation that if the refusal to implement the prevention and control measures proposed by the health and epidemic prevention agency in accordance with the Law on the Prevention and Control of Infectious Diseases, its objective behavior must cause the spread of Class A infectious diseases or have a serious danger of transmission, that is, cause unspecified people or many people. People infected with Class A infectious diseases may have a specific risk of infecting unspecified or most people with Class A infectious diseases." Hu Yongping, a lawyer at Beijing Horizon Law Firm, analyzed that Wang Moumou's illegal behavior not only infected himself with "new crown" ", and caused a serious risk of social transmission, and its behavior has violated the provisions of the crime of obstructing the prevention and treatment of infectious diseases.

  Lawyer Li Na of Beijing Yingke Law Firm also believes that in the current environment affected by the epidemic, if the perpetrator refuses to implement relevant measures for epidemic prevention and control, and conceals the situation during the flow, it will have a serious impact on epidemic prevention and control. may constitute the above-mentioned crimes.

  Hu Yongping believes that Wang Moumou’s behavior will be punished, and follow-up developments should be observed, such as whether there is infection of others, and how many people will be quarantined due to his behavior. These will become the key factors in sentencing. If it does not cause further spread of the virus and does not cause a large area of ​​people to be quarantined, it may face a fixed-term imprisonment of less than three years, but if it causes the new crown virus to spread and cause a large area of ​​people to be quarantined, it may be sentenced to more than three years and seven years. imprisonment for the following".

  Hu Yongping reminded that in the special period of epidemic prevention and control, there are still many cases of "big mistakes" caused by such "small problems".

For example, when entering and leaving public places, they usually do not wear masks, scan codes, take body temperature, and refuse to do nucleic acid testing. .

  Li Na also appealed that at the moment of the epidemic, prevention and control measures need to be maintained by everyone together, and they cannot be ignored for their own selfish desires, and ultimately harm others and themselves.

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